ISLAMABAD: The Implementation Tribunal for Newspaper Employees has set aside the ex-parte order dated 12 January 2021 and subsequent ex-parte judgment dated 17 February 2021 in the case titled Dilnawaz Abbasi Vs Daily Jehan Pakistan, Islamabad.
The order has been set aside subject to payment of costs of Rs. 10,000 to be paid by the respondent to the Edhi Foundation and receipt thereof shall be submitted by the respondent along with reply and statement of account before the next date of hearing. May 9, 2023 has been fixed as the next date of hearing in the case. Chairman ITNE, Shahid Mehmood Khokhar announced the decision.
It said that the case was filed by Daily Jehan Pakistan, Islamabad for setting aside ex-parte order dated 12 January 2021 and ex-parte judgment dated 17 February 2021 passed by the Tribunal. The verdict said that the learned counsel inter-alia contended that respondent management was unaware of the proceedings carried out by this Tribunal and subsequent ex-parte judgment passed thereon. In support of his contentions he has heavily relied upon sole ground of non-issuance / service of summons / notices to the respondent at their given address.
The decision further read that the management of Daily Jehan Pakistan further stated that before filing the petition on 28 July 2020, the parties were already in a compromise / out of court settlement through which the petitioner was paid an amount of Rs. 130351 through cheque dated 8 July 2020, whereby, petitioner had candidly given undertaking that after settlement of his dues, he has no outstanding dues left with the management nor any such claim will be raised in future. The above-said undertaking / receipt of the payment is available on record along with the instant petition.
The counsel for Daily Jehan Pakistan further stated that even the judgment was passed ex-parte on 17 February 2021 and the respondent management had no knowledge of the same until 16 December 2022 when the Tribunal passed the order of suspension of respondent management from Central Media List and withholding payment by the PID. Therefore, the date of knowledge of the respondent is 16 December 2022 and thus from the said date, the respondent had knowledge of the proceedings and has filed instant C.M. within time under Article 164 of the Limitation Act. He further submitted that due to the order dated 8 December 202 2 passed by this Tribunal, the pending payment by the PID has been stopped and the respondent is suffering from irreparable loss therefore, seeks recalling of order dated 8 December 2022.
The tribunal further held that the learned counsel further submitted that the respondents were not served properly and in accordance with the provisions of Order 5, CPC at any stage nor were issued any notice at given address. Furthermore, alternate methods of substitute service were also not adopted before proceeding ex-parte and thus, were not aware of any pending proceeding for passing of ex-parte judgment dated 17 February 2021 and the date of knowledge of the respondent commenced from 16 December 2022 when representative of the respondent management informed the respondent after visit of the Press Information Department, Islamabad on 15 December 2022, whereby he was informed about suspension of the respondent newspaper from Central Media List and stoppage of release of dues by the PID Islamabad pursuant to order dated 8 December 2022.
The Tribunal in its verdict held that justice should not be denied on the basis of technicalities rather it should be decided on merits and set aside the ex-parte proceedings against the newspaper.
